Min - City Council - 2005 - 11/08 - RegularI
Present
Stephen Terrell, Mavor
Councilmembers:
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 8, 2005
With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Mayor Terrell at 6:20 p.m. on Tuesday, November 8, 2005, in the Council Conference Room of the
Allen Citv Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included:
• Briefing Regarding Progress of Star Creek Residential and Commercial Development Adjacent to
SH 121 and Stacy Road
• Briefing Regarding the Construction of SH 121 Main Lanes as a Toll Facility
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:55 p.m on
Tuesday, November 8, 2005.
Call to Order and Announce a Quorum is Present
With a quorum of the Councilmembers present, the Regular Meeting of the Allen City Council was called to
order by Mayor Terrell at 7:00 p.m on Tuesday, November 8, 2005, in the Council Chambers of the Allen
City Hall, 305 Century Parkway, Allen, Texas.
Pledee of Alleeiance
Public Recoenition
1. Citizens' Comments.
Kenneth Fulk, Mayor Pro Tem
Debbie Stout
Ross Obermeyer
Mark Pacheco
Susan Bartlemav
Jeff McGregor
City Staff:
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Shelley B. George, City Secretary
Pete Smith, City Attorney
Workshop Session
With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Mayor Terrell at 6:20 p.m. on Tuesday, November 8, 2005, in the Council Conference Room of the
Allen Citv Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included:
• Briefing Regarding Progress of Star Creek Residential and Commercial Development Adjacent to
SH 121 and Stacy Road
• Briefing Regarding the Construction of SH 121 Main Lanes as a Toll Facility
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:55 p.m on
Tuesday, November 8, 2005.
Call to Order and Announce a Quorum is Present
With a quorum of the Councilmembers present, the Regular Meeting of the Allen City Council was called to
order by Mayor Terrell at 7:00 p.m on Tuesday, November 8, 2005, in the Council Chambers of the Allen
City Hall, 305 Century Parkway, Allen, Texas.
Pledee of Alleeiance
Public Recoenition
1. Citizens' Comments.
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 8, 2005 PAGE 2
E2. Presentation of Proclamations by the Office of the Mayor:
• Presentation of a Proclamation to Volunteers Peggie and Lee Melton and Staff Member Jamie
Sloan from the American Cancer Society, Proclaiming November 17, 2005, as Great American
Smakeout Dav in Allen
• Presentation of a Proclamation to the Planning Department Proclaiming November 8, 2005, as
World Town Planning Day.
• Presentation of a Proclamation to the Planning Department Proclaiming November 16, 2005, as
GIS Day.
Consent Aeenda
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Bardemay,
the Council voted seven (7) for and none (0) opposed to approve and adopt the consent
agenda as follows:
3. Approve Minutes of the October 25, 2005, Regular Meeting.
4. Adopt an Ordinance Approving the Change of Control of the Cable Franchise Agreement from
the Comcast Corporation to C -Native Exchange, a Subsidiary of Time Warner Cable.
ORDINANCE NO. 2453-11-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, PROVIDING CONDITIONAL APPROVAL OF CONSENT
OF THE TRANSFER OF A CABLE FRANCHISE AGREEMENT FROM COMCAST OF TEXAS
II, LP TO C -NATIVE EXCHANGE B, LP; PROVIDING FOR THIS ORDINANCE TO BECOME
NULL AND VOID IN CERTAIN CIRCUMSTANCES AS SET FORTH HEREIN; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
5. Adopt an Ordinance Denying Atmos Energy's Request for a Gas Reliability Infrastructure
Program (GRIP) Rate Increase for Gas Utility Investment in 2004.
ORDINANCE NO. 2454-11-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, DENYING THE REQUEST OF ATMOS ENERGY CORP,
MID-TEX DIVISION, FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM
(GRIP) RATE INCREASE IN THIS MUNICIPALITY, AS A PART OF THE COMPANY'S
STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM; APPROVING COOPERATION WITH
OTHER CITIES WITHIN THE ATMOS ENERGY CORP, MID-TEX DIVISION DISTRIBUTION
SYSTEM AS PART OF THE ATMOS CITIES STEERING COMMITTEE (ACSC);
AUTHORIZING ACSC TO HIRE LEGAL AND CONSULTING SERVICES AND TO
NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION;
AUTHORIZING INTERVENTION AS PART OF ACSC IN ANY APPEAL OF THE CITY'S
ACTION TO THE RAILROAD COMMISSION; PROVIDING A REQUIREMENT FOR A
PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE CITY; FINDING THAT THE
MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS
REQUIRED BY LAW; PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS
ENERGY CORP., MID-TEX DIVISION; AND PROVIDING AN EFFECTIVE DATE.
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 8, 2005 PAGE 3
6. Adopt an Ordinance Amending the Code of Ordinances by repealing Article V of Chapter 11,
`Parks and Recreation'. to Dissolve the Allen Arts Alliance Board.
ORDINANCE NO. 2455-11-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
REPEALING ARTICLE V OF CHAPTER I1 TO DISSOLVE THE ALLEN ARTS ALLIANCE
BOARD; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
Adopt a Resolution Declaring the City's Intent to Reimburse Project Expenditures, Not to
Exceed $410,000, for the Spring Meadows Park Project Paid with Funds on Hand from
Proceeds of the Sale of Tax Exempt Obligations.
RESOLUTION NO. 2456-11-05tR1: A RESOLUTION DECLARING EXPECTATION TO
REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT
8. Adopt a Resolution and Authorize Execution of a Master Interlocal Cooperation Agreement by
and Between the City of Cleburne, Texas, and the City of Allen for the City of Cleburne's Use
of City of Allen Supplier Contracts.
RESOLUTION NO. 2457-11-05(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF
THE ATTACHED INTERLOCAL COOPERATION AGREEMENT BY THE CITY OF ALLEN
WITH THE CITY OF CLEBURNE FOR THE PURCHASE OF VARIOUS COMMODITIES,
AUTHORIZING EXECUTION OF THE INTERLOCAL AGREEMENT BY THE CITY
MANAGER; AND PROVIDING AN EFFECTIVE DATE.
9. Adopt a Resolution Designating the Director of Finance and the Director of Parks and
Recreation as Administrators of the (RM) Mixed Beverage Restaurant Permit with Food and
Beverage (FB) and Beverage Cartage (PE) for Chase Oaks Golf Course.
RESOLUTION NO. 2458-11-05tR1: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING THE DIRECTOR OF FINANCE AND
THE DIRECTOR OF PARKS AND RECREATION AS ADMINISTRATORS OF THE RM MIXED
BEVERAGE RESTAURANT PERMIT WITH FOOD AND BEVERAGE (FB) AND BEVERAGE
CARTAGE PERMIT (PE) FOR CHASE OAKS GOLF COURSE; AND PROVIDING AN
EFFECTIVE DATE.
10. Authorize the Purchase of one Reel and Gang Mower with Related Equipment, one Toro Gang
Mower, two Utility Tractors, one Digger, and one Backhoe through the Texas Local
Government Statewide Purchasing Cooperative Authorized Vendors— Austin Turf and
Tractor, Professional Turf Products, Inc., John Deere Government and National Sales, and Ag -
Power, Inc., for the Parks and Recreation Department, for an Amount Not to Exceed $127,504.
Council authorized the City Manager to execute the contracts.
it. Authorize the Purchase and Delivery of Plan[ Materials for the Senior Center to Southwest
Wholesale Nursery Company in the Amount of $26,497 and to Twin Lakes Nursery LTD in the
Amount of $3,592, for a Total Amount of 530,089.
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 8, 2005 PAGE 4
ECouncil authorized the City Manager to execute the contracts.
12. Authorize Execution of a Contract with Vertical Sport Group LLC for $61,700 to Provide
Entertainment for the 2006 Allen USA Celebration.
Council authorized the City Manager to execute the contract.
13. Authorize the Execution of Professional Services Contracts with ROWAC, Inc. and James
Daniels & Associates for Right -of -Way, Land Appraisal, and Acquisition Services.
Council authorized the City Manager to execute the contracts.
The motion carried.
Reeular Aeenda
14. TABLED ITEM: Adopt an Ordinance Amending the Allen Land Development Code
Requiring Attached Garages and Visitor Parking in all Multi -family Developments.
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember
�r Obermeyeq the Council voted seven (7) for and none (0) opposed to remove this item from
the table The motion carried.
ORDINANCE NO. 2459-11-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT
CODE, BY AMENDING ARTICLE VII ZONING DEVELOPMENT STANDARDS, BY
AMENDING SECTION 7.04.1 PARKING REQUIREMENTS FOR ALL MULTI -FAMILY
DEVELOPMENTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Upon a motion made by Mayor Pro Tem Fulk and a second by Councilmember McGregor,
the Council voted seven (7) for and none opposed to adopt Ordinance No. 2459-11-05 as
previously captioned, with the revision that the three bedroom apartments will only require
two car garages. The motion carried.
15. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning to Amend
PD Planned Development No. 92 from Agriculture Open Space to Corridor Commercial and
Amend the Development Regulations for Tract B, Being 89t Acres Located South of SH 121
and West of Chelsea Boulevard Known as the Star Creek Development.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so.
i
Tom Murray, 9307 Crystalwood Lane, Richardson, Texas, thanked Mr. Baumgartner for meeting
with him to discuss his concerns regarding the flood plain.
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 8, 2005 PAGE 5
With no one else speaking, Mayor Terrell closed the public hearing.
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember
Pacheco, the Council voted seven (7) for and none opposed to table this item to the
November 22 Council meeting. The motion carried.
Other Business
16. Calendar.
• November 12 — Grand Re Opening of Chase Oaks Golf Course, 10:00 a.m.
• November 24-25 —City Offices Closed for Thanksgiving Holiday
• December 2 — Annual Holiday Tree Lighting
• December 3 — 10's Annual Rudolph Run and Kiwanis Pancake Breakfast
17. Items of Interest.
The Council congratulated the Allen High School Escadrille for placing second at the North Texas
Band Championship on November 5.
The Council suggested that the Economic Development Corporation Ad Hoc Committee meet to help
facilitate the discussion on the Star Creek project, if not resolved by the November 22 Council
meeting.
Councilmember Obermeyer's son-in-law, Captain Trace Major, is coming home nest week for two
weeks before returning to Afghanistan.
Executive Session
The Executive Session was not held.
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Bartlemay,
the Council voted seven (7) for and none (0) opposed to adjourn the Regular Session of the
Allen City Council at 8:08 p in. on Tuesday, November 8, 2005. The motion carried.
These minutes approved on the 22"" day of November, 2005.
APPR ED:
r
Stephed Terrell, MAYOR
ATTEST:
Shelley B. George, C, CITY SECRETARY